Jump to content

 

BankFodder BankFodder


shazzzz23

Refund refusal? No parking but paid for.

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2016 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi everyone

 

Can you tell me if this is worth persuing? I have not yet sent any written letters. Its regarding a hotel (we didnt stay at) refusing to refund us as they couldnt provide parking. Its been really upsetting, the managers are very rude and hard to talk to. Ive gathered as much as i can from google..

 

Thanks

 

Sharon

 

Dear Sir/Madam

 

On Monday 28th July 2014 at approximetly 5pm, we booked into the N** R*** W***** Hotel for one night, paid for parking, breakfast for two, including a £3.50 debit card charge.

 

As mentioned prior to booking, parking was crucial for us to enter into the contract of staying at N** R*** W***** Hotel , hence the reason we paid for it in advance, as shown on our receipt. As we travelled from Oxford to Blackpool via a car, parking was essential, this was explained prior to payment and the only reason we could stay.

We entered our hotel room for approximately 5 minutes, where we were then told parking was no longer available. The offer of £3 refund from your staff members pocket was in no way suitable. As explained at the time, we were completely unable to accept this. We would like to fully exit the contract as The New Windsor hotel is in breach of expressed term of contract.

 

We request all CCTV footage to be provided within 40 days of receiving this letter.

 

We request an itemised invoice within 28 days of receiving this letter.

 

As such, I am legally entitled to receive compensation from you. In consequence I am claiming the sum of :

 

N** R*** W***** Hotel Receipt

One night stay, with breakfast- 2x £23

Parking- 1x£3

Debit card charge- 1x£3.50

Total: £52.50

 

Out of pocket expenses.

Breakfast: 29/8/14 £16.90 (Copy of receipt included)

Alternative hotel costs: £60 (Copy of receipt included)

 

Loss of enjoyment and loss of Value.

Consequently our entire visit was ruined, we missed a hospital visit to see a close family member who had been rushed in that day, causing added and unnecessary upset. I was left in tears at the hotel desk, waiting for a refund that we desperately needed to fund new accommodation (see declined transaction), coping with a tired and hungry 6 month baby. This was also first time we had been to the seaside, as a family with our new baby and it was completely ruined. The entire week was spent trying to sort this problem out, the stress involved lead us to end our visit early and return home.

 

£??

Share this post


Link to post
Share on other sites
Hi everyone

 

Can you tell me if this is worth persuing? I have not yet sent any written letters. Its regarding a hotel (we didnt stay at) refusing to refund us as they couldnt provide parking. Its been really upsetting, the managers are very rude and hard to talk to. Ive gathered as much as i can from google..

 

Thanks

 

Sharon

 

Dear Sir/Madam

 

On Monday 28th July 2014 at approximetly 5pm, we booked into the N** R*** W***** Hotel for one night, paid for parking, breakfast for two, including a £3.50 debit card charge.

 

As mentioned prior to booking, parking was crucial for us to enter into the contract of staying at N** R*** W***** Hotel , hence the reason we paid for it in advance, as shown on our receipt. As we travelled from Oxford to Blackpool via a car, parking was essential, this was explained prior to payment and the only reason we could stay.

We entered our hotel room for approximately 5 minutes, where we were then told parking was no longer available. The offer of £3 refund from your staff members pocket was in no way suitable. As explained at the time, we were completely unable to accept this. We would like to fully exit the contract as The New Windsor hotel is in breach of expressed term of contract.

 

We request all CCTV footage to be provided within 40 days of receiving this letter.

 

We request an itemised invoice within 28 days of receiving this letter.

 

As such, I am legally entitled to receive compensation from you. In consequence I am claiming the sum of :

 

N** R*** W***** Hotel Receipt

One night stay, with breakfast- 2x £23

Parking- 1x£3

Debit card charge- 1x£3.50

Total: £52.50

 

Out of pocket expenses.

Breakfast: 29/8/14 £16.90 (Copy of receipt included)

Alternative hotel costs: £60 (Copy of receipt included)

 

Loss of enjoyment and loss of Value.

Consequently our entire visit was ruined, we missed a hospital visit to see a close family member who had been rushed in that day, causing added and unnecessary upset. I was left in tears at the hotel desk, waiting for a refund that we desperately needed to fund new accommodation (see declined transaction), coping with a tired and hungry 6 month baby. This was also first time we had been to the seaside, as a family with our new baby and it was completely ruined. The entire week was spent trying to sort this problem out, the stress involved lead us to end our visit early and return home.

 

£??

 

You don't get to claim both the 1st hotel's charge, and the replacement hotel's charge : if you could you'd have stayed for free!. You can claim one or the other.

 

As the "second hotel & breakfast" was more expensive, claim for that £76.90 rather than the £52.50

 

That way you end up paying what you originally contracted for, £52.50 for room, parking and breakfast : you aren't out of pocket, but neither are you " unjustly enriched"

 

 

You can't normally claim in contract for loss of enjoyment

 

http://en.m.wikipedia.org/wiki/Addis_v_Gramophone_Co_Ltd

(the case of Addis v Gramaphone ) UNLESS the whole purpose of the contract was enjoyment ; (Jarvis v Swans Tours)

 

http://en.m.wikipedia.org/wiki/Jarvis_v_Swans_Tours_Ltd

 

I'm not sure of the impact of the hospital visit on any claim based on "disappointment with holiday" - the hospital visit may mean that this doesn't count as "exclusively a holiday".

 

BTW, you started off mostly obscuring the hotel name. "N** R**** W******", but have left it unobscured later in the posting.......

(Unless it was changed by the site team - in which case: "you've missed a bit"!)

Share this post


Link to post
Share on other sites

Ok thanks, I really do just want what we paid, back. I didnt want to be a push over either, i was a bit usure if i should put all the extra claims.

 

Do you think its worth pursuing? The manager will not refund, he's made it very clear verbally. I am however very keen to continue. what kind of costs will i be looking at? Does anyone know aprox?

 

The things Im worried about are:

 

He offered a £3 parking refund but we refused, we needed a parking space. (He said he's within his rights now because we didnt take his offer)

He is now saying they had parking and we didnt accept it? (How do i prove he's lying?)

Share this post


Link to post
Share on other sites

He has to prove they had parking and you rejected it. Not vice versa. He's the accuser or claimant. he needs to prove what he's saying.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites
The manager will not refund, he's made it very clear verbally. I am however very keen to continue. what kind of costs will i be looking at? Does anyone know aprox?

As you paid with a card, I'd suggest you go down the chargeback route to start with as that won't cost you a penny. You do this via your bank. More info here http://www.moneysavingexpert.com/shopping/visa-mastercard-chargeback

 

Edit: just to add that their £3.50 debit card fee is on very dodgy ground https://www.gov.uk/government/news/crackdown-on-rip-off-card-charges-begins

Edited by Migster
extra info

Share this post


Link to post
Share on other sites
Ok thanks, I really do just want what we paid, back. I didnt want to be a push over either, i was a bit usure if i should put all the extra claims.

 

Do you think its worth pursuing? The manager will not refund, he's made it very clear verbally. I am however very keen to continue. what kind of costs will i be looking at? Does anyone know aprox?

 

The things Im worried about are:

 

He offered a £3 parking refund but we refused, we needed a parking space. (He said he's within his rights now because we didnt take his offer)

He is now saying they had parking and we didnt accept it? (How do i prove he's lying?)

 

Was any of this in writing / e-mail?

If not ... It is time to start a "paper trail"

 

He can claim they didn't have parking and they offered you a refund of the parking fee (where you then note that you had stated the parking was important enough to have been an express condition of the contract) or

 

He can claim they had parking and you declined it : he can't claim both ... (Or at least if he tried a court would see that he was fibbing as they are mutually exclusive!)

 

If he claimed they had parking and you declined it, it would be for a court to judge, as it would be hard to prove definitively by either side.

 

 

As others have said : you could go for a chargeback ( but only recover the money you paid to the first hotel) and let him come after you for it.

 

Alternatively, if you want to try for more, you can do a chargeback and then claim for the difference in cost between the two (not the whole cost of both, as mentioned above)

This would be by a claim in the small claims tracks of the County Court, where costs are strictly limited, and there is a process to follow (including sending a "letter before action " to give them a chance to settle before you lodge court papers)

 

If the "other side" is a business, if it came to a hearing, it would be in your local County Court : I wouldn't mention this in your communications with them, but it might be a factor in them deciding to settle ;)

 

What is your main aim from the process?

Share this post


Link to post
Share on other sites

One final thing - parking would normally be incidental to an hotel stay - not an essential part of the contract.

I think that it would be helpful to expoain to us what it was about the parking which made it so fundamental to the contract that it effectively undermined the entire purpose of the contract.


Share this post


Link to post
Share on other sites
One final thing - parking would normally be incidental to an hotel stay - not an essential part of the contract.

I think that it would be helpful to expoain to us what it was about the parking which made it so fundamental to the contract that it effectively undermined the entire purpose of the contract.

 

Hang on !

Whilst if the OP has their (convincing) reasons why integral parking was so important, those reasons could help persuade a court that, yes, the OP did have them as a fundamental condition of the contract ..... the reasons aren't relevant to the question "was there a breach of contract" once we accept they were a fundamental condition (rather than a "warranty".

 

It may be that there is next to no other convenient parking in that area of Blackpool (could the OP have stayed in the first hotel and parked nearby, and mitigated their loss)?

There might not be much availability of on-street parking 25 m from the sea, 1/2 mile from Blackpool town centre ....

 

But, looking at the contract : the OP is free to contract on whatever terms they see fit, and if it was "we'll only book if there is room, breakfast, and parking" and they made it clear those were the terms : their reasons become irrelevant, provided both parties agreed.

 

What, then if the hotel say it was never a term of the contract?

Firstly ; if the OP says it was a term and the hotel says it wasn't : a court can decide.

If it was so important to the OP that they specifically mentioned it it is more likely to be a term (case law: Bannerman v White).

If however it was spoken and not in the final contract it might be held to be a representation, not a term (Routledge v McKay), although this isn't definitive and is rebuttable ;)

 

None the less, even if it wasn't a "term of the contract" - if the hotel said "there is parking", this is a representation (as it was before / at the time of the contract, not after it was formed, and the OP relied on it as an inducement to enter the contract.

If you can't get them for breach of contract, get them for misrepresentation ; either way will lead to their liability.

Share this post


Link to post
Share on other sites

 

I'm not sure of the impact of the hospital visit on any claim based on "disappointment with holiday" - the hospital visit may mean that this doesn't count as "exclusively a holiday".

 

 

Having checked, it doesn't matter if the purpose was exclusively for enjoyment , just that the enjoyment was an important component (Farley v Skinner, as the case where this was held )

 

The hospital visit wouldn't impact on you being able to make a claim

Share this post


Link to post
Share on other sites

I just wanted to say thanks to everyone who has given advice, very sorry for the delayed reply. I just returned back to work last week, from maternity leave, so it was very hectic! Anyway I'm back on the case. I really want to get my money back from this hotel, it wasnt a nice ordeal, we lost out on way more than just the hotel costs that week but I really feel they shouldnt get away with being so corrupt.

 

I've revised the letter and hope to send it via recorded delivery tomorrow. Will it be suitable?

 

Thanks

 

Sharon

 

p.s Admin I hope Ive removed all names this time, apologies if not.

 

 

 

Dear Sir/Madam

 

On Monday 28th July 2014 at approximetly 5pm, we booked into the New R W Hotel for one night, paid for parking, breakfast for two, including a £3.50 debit card charge*.

 

As mentioned prior to booking, parking was crucial for us to enter into the contract of staying at New R W Hotel, hence the reason we paid for it in advance, as shown on our receipt. As we travelled from Oxford to Blackpool via a car, parking was essential, this was explained prior to payment and the only reason we could stay.

We entered our hotel room for approximately 5 minutes, where we were then told parking was no longer available. The offer of £3 refund from your staff members pocket was in no way suitable. As explained at the time, we were completely unable to accept this. Offering parking prior to accepting our booking and there after withdrawing the availibility constitutes to misrepresentation. We would like to fully exit the contract as The New R W hotel is in breach of expressed term of contract.

As such, I am legally entitled to receive compensation from you. In consequence I am claiming the sum of :

 

New R W Hotel Receipt

One night stay, with breakfast- 2x £23

Parking- 1x£3

Debit card charge- 1x£3.50

Total: £52.50

 

Consequently our entire visit was horrific, we missed a hospital visit to see a close family member who had been rushed in that day, causing added and unnecessary upset. I was left in tears at the hotel desk, waiting for a refund that we desperately needed to fund new accommodation (see declined transaction), coping with a tired and hungry 6 month baby. The worry of not being near our car, should we need to get to the hospital urgently. The entire week was spent trying to sort this problem out, the stress involved lead us to end our visit early and return home without visiting the hospital.

 

*Regarding the excessive £3.50 debit card surcharge; under the Consumer Rights (Payment Surcharges) Regulations 2012. "Excessive charges prohibited 4. A trader must not charge consumers, in respect of the use of a given means of payment, fees that exceed the cost borne by the trader for the use of that means". We therefor request full monies to be returned.

We request all CCTV footage to be provided within 40 days of receiving this letter.

 

We request an itemised invoice within 28 days of receiving this letter.

Share this post


Link to post
Share on other sites

We didnt stay at the hotel.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...